Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....

Trade Marks Act, 1999 (47 of 1999) Section 29

Title: Infringement of Registered Trade Marks

State: Central

Year: 1999

.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.

Trade Marks Act, 1999 (47 of 1999) Section 144

Title: Trade Usages, Etc., to Be Taken into Consideration

State: Central

Year: 1999

In any proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 122

Title: Trade Usage, Etc., to Be Taken into Consideration

State: Central

Year: 1958

In any suit or other proceeding relating to a trade mark, the tribunal shall admit evidence of the usage of the trade concerned and of any relevenl trade mark or trade name or get up legitimately used by other persons.

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

.....adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "deceptively similar" :- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark is to be likely to deceive or cause confusion; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means- (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are: contained, as regards the goods to which it is applied, more.....

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter 9 in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)-which is the proprietor of the mark from those of others; (h) "deceptively similar". -A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means - (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or services to which.....

Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

State: Central

Year: 1969

.....specify in this behalf;] 15[(e) "goods" means goods as defined in the Sale of Goods Act, 1930(3 of 1930)-, and includes,- (i) products manufactured, processed or mined in India; 17 [(ii) shares and stocks including issue of shares before allotment;] (iii) in relation to goods supplied, distributed or controlled in India, goods imported into India;] (ee)16[***] 18 [(ef) "group" means a group of- (i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or (ii) associated persons. (III) where any person is an associated person in relation to another, the latter shall also be deemed to be an associated person in relation to the former;] (f) "India" means, for the purposes of this Act, the territories to which this Act extends; (ff)19[**] (fff)19[***] (g) "inter-connected undertakings" means two or more undertakings which are inter-connected with each other in any of the following manner, namely:- (i) if one owns or controls.....

Trade Unions Act, 1926 Chapter II

Title: Registration of Trade Unions

State: Central

Year: 1926

.....under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.] _____________________________ 1. Section 4 re-numbered as sub-section (1) thereof by Act 42 of 1960, section 5. 2. Inserted by Act 31 of 2001, section 2 (w.e.f. 9-1-2002). 3. Inserted by Act 42 of 1960, section 5. Section 5 - Application for registration (1) Every application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:- (a) the names, occupations and address of the members making application; 1[(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the members of the Trade Union.....

Trade Unions Act, 1926 Chapter III

Title: Rights and Liabilities of Registered Trade Unions

State: Central

Year: 1926

.....law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a Trade Union shall or shall not sell their goods transact business, work, employ or be employed. Section 20 - Right to inspect books of Trade Union The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an1[office-bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union. _________________________ 1.Substituted by Act 38 of 1964, section 2, for "officer" (w.e.f. 1-4-1965). Section 21 - Rights of minors to membership of Trade Unions Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject.....

Trade Marks Act, 1999 (47 of 1999) Chapter 4

Title: Effect of Registration

State: Central

Year: 1999

.....conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark; (d) the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neither the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be; (e) the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act. (3) Where the goods bearing a registered trade mark are.....